Council Regulation (EU) 2019/124Show full title

TITLE II U.K. FISHING OPPORTUNITIES FOR UNION FISHING VESSELS

CHAPTER I U.K. General provisions

Article 5 U.K. TACs and allocations

1. The TACs for Union fishing vessels in Union waters or certain non-Union waters and the allocation of such TACs among Member States, and the conditions functionally linked thereto, where appropriate, are set out in Annex I.

2. Union fishing vessels shall be authorised to make catches, within the TACs set out in Annex I to this Regulation, in waters falling within the fisheries jurisdiction of the Faroe Islands, Greenland and Norway, and the fishing zone around Jan Mayen, subject to the condition set out in Article 15 of, and Annex III to, this Regulation and in Regulation (EU) 2017/2403 of the European Parliament and of the Council(1) and its implementing provisions.

Article 6 U.K. TACs to be determined by Member States

1. The TACs for certain fish stocks shall be determined by the Member State concerned. Those stocks are identified in Annex I.

2. The TACs to be determined by a Member State shall:

(a) be consistent with the principles and rules of the CFP, in particular the principle of sustainable exploitation of the stock; and

(b) result:

(i)

if analytical assessments are available, in the exploitation of the stock consistent with maximum sustainable yield from 2019 onwards, with as high a probability as possible; or

(ii)

if analytical assessments are unavailable or incomplete, in the exploitation of the stock consistent with the precautionary approach to fisheries management.

3. By 15 March 2019, each Member State concerned shall submit the following information to the Commission:

(a) the TACs adopted;

(b) the data collected and assessed by the Member State concerned on which the TACs adopted are based;

(c) details on how the TACs adopted comply with paragraph 2.

Article 7 U.K. Conditions for landing catches and by-catches

1. Catches that are not subject to the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 shall be retained on board or landed only if they:

(a) have been taken by vessels flying the flag of a Member State having a quota and that quota has not been exhausted; or

(b) consist of a share in a Union quota which has not been allocated by quota among Member States, and that Union quota has not been exhausted.

2. The stocks of non-target species within safe biological limits referred to in Article 15(8) of Regulation (EU) No 1380/2013 are identified in Annex I to this Regulation for the purposes of the derogation from the obligation to count catches against the relevant quotas provided for in that Article.

Article 8 U.K. Quota exchanges mechanism for TACs for unavoidable by-catches related to the introduction of the landing obligation

1. In order to take into account the introduction of the landing obligation and to make quotas available to Member States without a quota for certain by-catches, the quota exchange mechanism as defined in this Article shall apply to the TACs identified in Annex IA.

2. 6 % of each quota from the TACs for cod in the Celtic Sea, cod in the West of Scotland, whiting in the Irish Sea and plaice in ICES divisions 7h, 7j and 7k, and 3 % of each quota from the TAC for West of Scotland whiting, allocated to each Member State, shall be made available for a pool for quota exchanges, which shall open as of 1 January 2019. Member States without quota shall have exclusive access to the quota pool until 31 March 2019.

3. The quantities drawn from the pool may not be exchanged or transferred to the following year. Any unused quantities shall be returned to those Member States that have initially contributed to the pool for quota exchanges after 31 March 2019.

4. The quotas provided in return shall be preferably taken from a list of TACs identified by each Member State contributing to the pool as listed in the Appendix to Annex IA.

5. Those quotas shall be of equivalent commercial value by using a market exchange rate or other mutually acceptable exchange rates. In absence of alternatives, the equivalent economic value in accordance to the average Union prices of the previous year, as provided by the European Market Observatory for Fisheries and Aquaculture Products, shall be used.

6. In cases where the above mechanism does not allow Member States to cover their unavoidable by-catches to a similar extent, Member States shall endeavour to agree on quota exchanges pursuant to Article 16(8) of Regulation (EU) No 1380/2013, ensuring that quotas exchanged are of equivalent commercial value.

Article 9 U.K. Fishing effort limits

For the periods referred to in point (b) of Article 1(2), the following fishing effort measures shall apply:

(a)

[F1 . . . . .]

(b)

Annex IIB for the management of the sole stock in ICES division 7e.

Textual Amendments

F1 Deleted by Council Regulation (EU) 2019/1097 of 26 June 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities.

Article 10 U.K. Measures on European seabass fisheries

1. It shall be prohibited for Union fishing vessels, as well as for any commercial fisheries from shore, to fish for European seabass in ICES divisions 4b and 4c, and in ICES subarea 7. It shall be prohibited to retain on board, tranship, relocate or land European seabass caught in that area.

2. By derogation from paragraph 1, in January 2019 and from 1 April to 31 December 2019, Union fishing vessels in ICES divisions 4b, 4c, 7d, 7e, 7f and 7h and in waters within 12 nautical miles from baselines under the sovereignty of the United Kingdom in ICES divisions 7a and 7g may fish for European seabass, and retain on board, tranship, relocate or land European seabass caught in that area with the following gears and within the following limits:

(a) using demersal trawls(2), for unavoidable by-catches not exceeding 400 kilogrammes per two months and 1 % of the weight of the total catches of marine organisms on board caught by that vessel in any single day;

(b) using seines(3), for unavoidable by-catches not exceeding 210 kilogrammes per month and 1 % of the weight of the total catches of marine organisms on board caught by that vessel in any single day;

(c) using hooks and lines(4), not exceeding 5,5 tonnes per vessel per year;

(d) using fixed gillnets(5), for unavoidable by-catches not exceeding 1,4 tonnes per vessel per year.

The derogations set out in the first subparagraph shall apply to Union fishing vessels that have recorded catches of European seabass over the period from 1 July 2015 to 30 September 2016: in point (c) with recorded catches using hooks and lines, and in point (d) with recorded catches using fixed gillnets. In the case of a replacement of a Union fishing vessel, Member States may allow the derogation to apply to another fishing vessel provided that the number of Union fishing vessels subject to the derogation and their overall fishing capacity do not increase.

3. The catch limits set in paragraph 2 shall not be transferable between vessels and, where a monthly limit applies, from one month to another. For Union fishing vessels using more than one gear in a single calendar month, the lowest catch limit set in paragraph 2 for either gear shall apply.

Member States shall report to the Commission all catches of European seabass per type of gear not later than 15 days after the end of each month.

4. In recreational fisheries, including from shore, in ICES divisions 4b, 4c, 6a, 7a to 7k:

(a) from 1 January to 31 March and from 1 November and to 31 December 2019, only catch-and-release fishing allowing high rates of survivability for European seabass shall be allowed. During that period, it shall be prohibited to retain on board, relocate, tranship or land European seabass caught in that area;

(b) from 1 April to 31 October 2019, not more than one specimen of European seabass may be retained per fisherman per day.

5. In recreational fisheries in ICES divisions 8a and 8b, a maximum of three specimens of European seabass may be retained per fisherman per day.

Article 11 U.K. Measures on European eel fisheries in Union waters of the ICES area

Any targeted, incidental and recreational fishery of European eel shall be prohibited in Union waters of the ICES area and brackish waters such as estuaries, coastal lagoons and transitional waters for a consecutive three-month period to be determined by each Member State between 1 August 2019 and 29 February 2020. Member States shall communicate the determined period to the Commission not later than 1 June 2019.

Article 12 U.K. Special provisions on allocations of fishing opportunities

1. The allocation of fishing opportunities among Member States as set out in this Regulation shall be without prejudice to:

(a) exchanges made pursuant to Article 16(8) of Regulation (EU) No 1380/2013;

(b) deductions and reallocations made pursuant to Article 37 of Regulation (EC) No 1224/2009;

(c) reallocations made pursuant to Articles 12 and 47 of Council Regulation (EU) 2017/2403;

(d) additional landings allowed under Article 3 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(e) quantities withheld in accordance with Article 4 of Regulation (EC) No 847/96 and Article 15(9) of Regulation (EU) No 1380/2013;

(f) deductions made pursuant to Articles 105, 106 and 107 of Regulation (EC) No 1224/2009;

(g) quota transfers and exchanges pursuant to Article 17 of this Regulation.

2. Stocks which are subject to precautionary or analytical TACs are identified in Annex I to this Regulation for the purposes of the year-to-year management of TACs and quotas provided for in Regulation (EC) No 847/96.

3. Except where otherwise specified in Annex I to this Regulation, Article 3 of Regulation (EC) No 847/96 shall apply to stocks subject to a precautionary TAC and Article 3(2) and (3) and Article 4 of that Regulation shall apply to stocks subject to an analytical TAC.

4. Articles 3 and 4 of Regulation (EC) No 847/96 shall not apply where a Member State uses the year-to-year flexibility provided for in Article 15(9) of Regulation (EU) No 1380/2013.

Article 13 U.K. Closed fishing seasons

1. It shall be prohibited to fish or retain on board any of the following species in the Porcupine Bank during the period from 1 May to 31 May 2019: cod, megrims, anglerfish, haddock, whiting, hake, Norway lobster, plaice, pollack, saithe, skates and rays, common sole, tusk, blue ling, ling and picked dogfish.

For the purposes of this paragraph, the Porcupine Bank shall comprise the geographical area bounded by rhumb lines sequentially joining the following positions:

Point	Latitude	Longitude
1	52° 27′ N	12° 19′ W
2	52° 40′ N	12° 30′ W
3	52° 47′ N	12° 39,600′ W
4	52° 47′ N	12° 56′ W
5	52° 13,5′ N	13° 53,830′ W
6	51° 22′ N	14° 24′ W
7	51° 22′ N	14° 03′ W
8	52° 10′ N	13° 25′ W
9	52° 32′ N	13° 07,500′ W
10	52° 43′ N	12° 55′ W
11	52° 43′ N	12° 43′ W
12	52° 38,800′ N	12° 37′ W
13	52° 27′ N	12° 23′ W
14	52° 27′ N	12° 19′ W

By way of derogation from the first subparagraph, transit through the Porcupine Bank while carrying on board the species referred to in that subparagraph, shall be permitted in accordance with Article 50(3), (4) and (5) of Regulation (EC) No 1224/2009.

2. Commercial fishing for sandeel with demersal trawl, seine or similar towed gears with a mesh size of less than 16 mm shall be prohibited in ICES divisions 2a, 3a and ICES subarea 4 from 1 January to 31 March 2019 and from 1 August to 31 December 2019.

The prohibition set out in the first subparagraph shall also apply to third-country vessels authorised to fish for sandeel and associated by-catches in Union waters of ICES subarea 4.

Article 14 U.K. Prohibitions

1. It shall be prohibited for Union fishing vessels to fish for, to retain on board, to tranship or to land the following Species:

(a) starry ray (Amblyraja radiata) in Union waters of ICES divisions 2a, 3a and 7d and ICES subarea 4;

(b) white shark (Carcharodon carcharías) in all waters;

(c) leafscale gulper shark (Centrophorus squamosus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(d) Portuguese dogfish (Centroscymnus coelolepis) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(e) basking shark (Cetorhinus maximus) in all waters;

(f) kitefin shark (Dalatias licha) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(g) birdbeak dogfish (Deania calcea) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(h) common skate (Dipturus batis) complex (Dipturus cf. flossada and Dipturus cf. intermedia) in Union waters of ICES division 2a and ICES subareas 3, 4, 6, 7, 8, 9 and 10;

(i) great lanternshark (Etmopterus princeps) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1 and 14;

(j) smooth lanternshark (Etmopterus pusillus) in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;

(k) tope shark (Galeorhinus galeus) when taken with longlines in Union waters of ICES division 2a and subarea 4 and in Union and international waters of ICES subareas 1, 5, 6, 7, 8, 12 and 14;

(l) porbeagle (Lamna nasus) in all waters;

(m) the following species of Mobula rays in all waters:

(i)

devil fish (Mobula mobular),

(ii)

lesser Guinean devil ray (Mobula rochebrunei),

(iii)

spinetail mobula (Mobula japanica),

(iv)

smoothtail mobula (Mobula thurstoni),

(v)

longhorned mobula (Mobula eregoodootenkee),

(vi)

Munk's devil ray (Mobula munkiana),

(vii)

Chilean devil ray (Mobula tarapacana),

(viii)

shortfin devil ray (Mobula kuhlii),

(ix)

lesser devil ray (Mobula hypostoma),

(x)

reef manta ray (Mobula alfredi),

(xi)

giant manta ray (Mobula birostris);

(n) the following species of sawfish (Pristidae) in all waters:

(i)

pointed sawfish (Anoxypristis cuspidata),

(ii)

dwarf sawfish (Pristis clavata),

(iii)

smalltooth sawfish (Pristis pectinata),

(iv)

largetooth sawfish (Pristis pristis),

(v)

green sawfish (Pristis zijsron);

(o) thornback ray (Raja clavata) in Union waters of ICES division 3a;

(p) Norwegian skate (Dipturus nidarosiensis) in Union waters of ICES divisions 6a, 6b, 7a, 7b, 7c, 7e, 7f, 7g, 7h and 7k;

(q) undulate ray (Raja undulata) in Union waters of ICES subareas 6 and 10;

(r) whale shark (Rhincodon typus) in all waters;

(s) Common guitarfish (Rhinobatos rhinobatos) in the Mediterranean;

(t) white skate (Rostroraja alba) in Union waters of ICES subareas 6, 7, 8, 9 and 10;

(u) guitarfishes (Rhinobatidae) in Union waters of ICES subareas 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12;

(v) picked dogfish (Squalus acanthias) in Union waters of ICES subareas 2, 3, 4, 5, 6, 7, 8, 9 and 10, with the exception of avoidance programmes as set out in Annex IA;

(w) angel shark (Squatina squatina) in Union waters.

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Article 15 U.K. Data transmission

When, pursuant to Articles 33 and 34 of Regulation (EC) No 1224/2009, Member States submit to the Commission data relating to landings of quantities of stocks caught, they shall use the stock codes set out in Annex I to this Regulation.

CHAPTER II U.K. Fishing authorisations in third-country waters

Article 16 U.K. Fishing authorisations

1. The maximum number of fishing authorisations for Union fishing vessels fishing in waters of a third country is set out in Annex III.

2. Where one Member State transfers quota to another Member State (‘swap’) in the fishing areas set out in Annex III to this Regulation on the basis of Article 16(8) of Regulation (EU) No 1380/2013, the transfer shall include an appropriate transfer of fishing authorisations and shall be notified to the Commission. However, the total number of fishing authorisations for each fishing area, as set out in Annex III to this Regulation, shall not be exceeded.

CHAPTER III U.K. Fishing opportunities in waters of regional fisheries management organisations

Section 1 U.K. General provisions

Article 17 U.K. Quota transfers and exchanges

1. Where, under the rules of a regional fisheries management organisation (‘RFMO’), quota transfers or exchanges between the Contracting Parties to the RFMO are permitted, a Member State (‘the Member State concerned’) may discuss with a Contracting Party to the RFMO and, as appropriate, establish a possible outline of an intended quota transfer or exchange.

2. Upon notification to the Commission by the Member State concerned, the Commission may endorse the outline of the intended quota transfer or exchange that the Member State has discussed with the relevant Contracting Party to the RFMO. Thereupon, the Commission shall express, without undue delay, the consent to be bound by such quota transfer or exchange with the relevant Contracting Party to the RFMO. The Commission shall notify the secretariat of the RFMO of the agreed quota transfer or exchange in accordance with the rules of that organisation.

3. The Commission shall inform the Member States of the agreed quota transfer or exchange.

4. The fishing opportunities received from or transferred to the relevant Contracting Party to the RFMO under the quota transfer or exchange shall be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned, as of the moment that the quota transfer or exchange takes effect in accordance with the terms of the agreement reached with the relevant Contracting Party to the RFMO or in accordance with the rules of the relevant RFMO, as appropriate. Such allocation shall not change the existing distribution key for the purpose of allocating fishing opportunities among Member States in accordance with the principle of relative stability of fishing activities.

5. This Article shall apply until 31 January 2020 for quota transfers from a RFMO Contracting Party to the Union and their subsequent allocation to Member States.

Section 2 U.K. ICCAT Convention Area

Article 18 U.K. Fishing, farming and fattening capacity limitations

1. The number of Union bait boats and trolling boats authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Eastern Atlantic shall be limited as set out in point 1 of Annex IV.

2. The number of Union coastal artisanal fishing vessels authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm in the Mediterranean shall be limited as set out in point 2 of Annex IV.

3. The number of Union fishing vessels fishing for bluefin tuna in the Adriatic Sea for farming purposes authorised to fish actively for bluefin tuna between 8 kg/75 cm and 30 kg/115 cm shall be limited as set out in point 3 of Annex IV.

4. The number and total capacity in gross tonnage of fishing vessels authorised to fish for, retain on board, tranship, transport, or land bluefin tuna in the eastern Atlantic and Mediterranean shall be limited as set out in point 4 of Annex IV.

5. The number of traps engaged in the eastern Atlantic and Mediterranean bluefin tuna fishery shall be limited as set out in point 5 of Annex IV.

6. The bluefin tuna farming capacity, the fattening capacity and the maximum input of wild caught bluefin tuna allocated to the farms in the eastern Atlantic and Mediterranean shall be limited as set out in point 6 of Annex IV.

7. The maximum number of Union fishing vessels authorised to fish for northern albacore as a target species in accordance with Article 12 of Council Regulation (EC) No 520/2007(6) shall be limited as set out in point 7 of Annex IV to this Regulation.

8. The maximum number of Union fishing vessels of at least 20 metres length that fish for bigeye tuna in the ICCAT Convention Area shall be limited as set out in point 8 of Annex IV.

Article 19 U.K. Recreational fisheries

Where appropriate, Member States shall allocate a specific share for recreational fisheries from their allocated quotas as set out in Annex ID.

Article 20 U.K. Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of bigeye thresher sharks (Alopias superciliosus) in any fishery shall be prohibited.

2. It shall be prohibited to undertake a directed fishery for species of thresher sharks of the Alopias genus.

3. Retaining on board, transhipping or landing any part or whole carcass of hammerhead sharks of the Sphyrnidae family (except for the Sphyrna tiburo) in association with fisheries in the ICCAT Convention Area shall be prohibited.

4. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) taken in any fishery shall be prohibited.

5. Retaining on board silky sharks (Carcharhinus falciformis) taken in any fishery shall be prohibited.

Section 3 U.K. CCAMLR Convention Area

Article 21 U.K. Prohibitions and catch limitations

1. Direct fishing of the species set out in Part A of Annex V, shall be prohibited in the zones and during the periods set out therein.

2. For exploratory fisheries, the TACs and by-catch limits set out in Part B of Annex V, shall apply in the subareas set out therein.

Article 22 U.K. Exploratory fisheries

1. Member States may participate in longline exploratory fisheries for toothfish (Dissostichus spp.) in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a outside areas of national jurisdiction in 2019. If a Member State intends to participate in such fisheries, it shall notify the CCAMLR Secretariat in accordance with Articles 7 and 7a of Regulation (EC) No 601/2004 and in any case no later than 1 June 2019.

2. With regard to FAO subareas 88.1 and 88.2 as well as divisions 58.4.1, 58.4.2 and 58.4.3a, TACs and by-catch limits per subarea and division, and their distribution among Small Scale Research Units (SSRUs) within each of them, shall be as set out in Part B of Annex V. Fishing in any SSRU shall cease when the reported catch reaches the specified TAC, and the SSRU shall be closed to fishing for the remainder of the season.

3. Fishing shall take place over as large a geographical and bathymetric range as possible to obtain the information necessary to determine fishery potential and to avoid over-concentration of catch and fishing effort. However, fishing in FAO subareas 88.1 and 88.2 as well as in divisions 58.4.1, 58.4.2 and 58.4.3a shall be prohibited in depths less than 550 metres.

Article 23 U.K. Krill fishery during the 2019/2020 fishing season

1. If a Member State intends to fish for krill (Euphausia superba) in the CCAMLR Convention Area during the 2019/2020 fishing season, it shall notify the Commission, no later than 1 May 2019, of its intention to fish for krill, using the format laid down in Part C of Annex V to this Regulation. On the basis of the information provided by Member States, the Commission shall submit the notifications to the CCAMLR Secretariat no later than 30 May 2019.

2. The notification referred to in paragraph 1 of this Article shall include the information provided for in Article 3 of Regulation (EC) No 601/2004 for each vessel to be authorised by the Member State to participate in the krill fishery.

3. A Member State intending to fish for krill in the CCAMLR Convention Area shall notify its intention to do so only in respect of authorised vessels either flying its flag at the time of the notification or flying the flag of another CCAMLR member that are expected, at the time the fishery takes place, to be flying the flag of that Member State.

4. Member States shall be entitled to authorise participation in a krill fishery by vessels other than those notified to CCAMLR Secretariat in accordance with paragraphs 1, 2 and 3 of this Article, if an authorised vessel is prevented from participation due to legitimate operational reasons or force majeure. In such circumstances the Member States concerned shall immediately inform the CCAMLR Secretariat and the Commission, providing:

(a) full details of the intended replacement vessel(s), including information provided for in Article 3 of Regulation (EC) No 601/2004;

(b) a comprehensive account of the reasons justifying the replacement and any relevant supporting evidence or references.

5. Member States shall not authorise a vessel on any CCAMLR illegal, unreported and unregulated (IUU) Vessel List to participate in krill fisheries.

Section 4 U.K. IOTC Area of Competence

Article 24 U.K. Limitation of fishing capacity of vessels fishing in the IOTC Area of Competence

1. The maximum number of Union fishing vessels fishing for tropical tunas in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 1 of Annex VI.

2. The maximum number of Union fishing vessels fishing for swordfish (Xiphias gladius) and albacore (Thunnus alalunga) in the IOTC Area of Competence and the corresponding capacity in gross tonnage shall be as set out in point 2 of Annex VI.

3. Member States may reallocate vessels assigned to one of the two fisheries referred to in paragraphs 1 and 2 to the other fishery, provided that they can demonstrate to the Commission that this change does not lead to an increase of fishing effort on the fish stocks involved.

4. Member States shall ensure that, where there is a proposed transfer of capacity to their fleet, vessels to be transferred are on the IOTC Record of Vessels or on the record of vessels of other tuna RFMOs. Furthermore, no vessels featuring on the list of vessels engaged in IUU fishing activities of any RFMO may be transferred.

5. Member States may only increase their fishing capacity beyond the ceilings referred to in paragraphs 1 and 2 within the limits set out in the development plans submitted to the IOTC.

Article 25 U.K. Drifting FADs and supply vessels

1. A purse-seine vessel shall not deploy more than 350 active drifting FADs at any time.

2. The number of supply vessels shall be no more than one supply vessel in support of not less than two purse-seine vessels, all flying the flag of the same Member State. This provision shall not apply to Member States using only one supply vessel.

3. A single purse seine vessel shall not be supported by more than one single supply vessel of the same flag State at any time.

4. As from 1 January 2018, the Union shall not register new or additional supply vessels in the IOTC Record of Authorised Vessels.

Article 26 U.K. Sharks

1. Retaining on board, transhipping or landing any part or whole carcass of thresher sharks of all the species of the Alopiidae family in any fishery shall be prohibited.

2. Retaining on board, transhipping or landing any part or whole carcass of oceanic whitetip sharks (Carcharhinus longimanus) in any fishery shall be prohibited, except for vessels under 24 metres overall length engaged solely in fishing operations within the Exclusive Economic Zone (EEZ) of the Member State whose flag they fly, and provided that their catch is destined solely for local consumption.

3. When accidentally caught, species referred to in paragraphs 1 and 2 shall not be harmed. Specimens shall be promptly released.

Section 5 U.K. SPRFMO Convention Area

Article 27 U.K. Pelagic fisheries

1. Only Member States having actively exercised pelagic fisheries activities in the SPRFMO Convention Area in 2007, 2008 or 2009 may fish for pelagic stocks in that area in accordance with the TACs set out in Annex IJ.

[F2 2. The Member States referred to in paragraph 1 shall limit the total level of gross tonnage of vessels flying their flag and fishing for pelagic stocks in 2019 to the total Union level of 36 102 gross tonnage in that area.]

3. The fishing opportunities set out in Annex IJ may only be used under the condition that Member States send to the Commission the list of vessels actively fishing or engaged in transhipment in the SPRFMO Convention Area, records from vessel monitoring systems, monthly catch reports and, where available, port calls, at the latest by the fifth day of the following month, with the aim of communicating that information to the SPRFMO Secretariat.

Textual Amendments

F2 Substituted by Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities.

Article 28 U.K. Bottom fisheries

1. Member States shall limit their bottom fishing catch or effort in 2019 in the SPRFMO Convention Area to those parts of the Convention Area where bottom fishing has occurred from 1 January 2002 to 31 December 2006 and to a level that does not exceed the annual average levels of catches or effort parameters in that period. They may fish beyond the track record only if SPRFMO endorses their plan to fish beyond the track record.

2. Member States without a track record in bottom fishing catch or effort in the SPRFMO Convention Area over the period from 1 January 2002 to 31 December 2006 shall not fish, unless SPRFMO endorses their plan to fish without the track record.

[F3 Article 28a U.K. Exploratory fisheries

1. Member States may participate in longline exploratory fisheries for toothfish ( Dissostichus spp.) in the SPRFMO Convention Area in 2019 only if the SPRFMO has approved their application for such fisheries including a Fisheries Operation Plan and commitment to implement a Data Collection Plan.

2. Fishing shall take place only in the research blocks specified in Annex IJ. Fishing shall be prohibited in depths less than 750 metres and more than 2 000 metres.

3. The TAC shall be as set out in Annex IJ. Fishing shall be limited to one trip of a maximum duration of 21 consecutive days and to a maximum number of 5 000 hooks per set, with a maximum of 20 sets per research block. Fishing shall cease either when the TAC is reached or if 100 sets have been set and hauled, whichever is sooner.]

Textual Amendments

F3 Inserted by Council Regulation (EU) 2019/529 of 28 March 2019 amending Regulation (EU) 2019/124 as regards certain fishing opportunities.

Section 6 U.K. IATTC Convention Area

Article 29 U.K. Purse-seine fisheries

1. Fishing by purse-seine vessels for yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and skipjack tuna (Katsuwonus pelamis) shall be prohibited:

(a) from 29 July 00:00 hours to 8 October 2019 24:00 hours or from 9 November 2019 00:00 hours to 19 January 2020 24:00 hours in the area defined by the following limits:

• (a) the Pacific coastlines of the Americas,

• longitude 150° W,

• latitude 40° N,

• latitude 40° S;

(b) from 9 October 2019 00:00 hours to 8 November 2019 24:00 hours in the area defined by the following limits:

• (b) longitude 96° W,

• longitude 110° W,

• latitude 4° N,

• latitude 3° S.

2. For each of their vessels, Member States concerned shall notify to the Commission before 1 April 2019 the selected period of closure referred to in paragraph 1. All purse-seine vessels of the Member States concerned shall stop purse-seine fishing in the areas defined in paragraph 1 during the selected period.

3. Purse-seine vessels fishing for tuna in the IATTC Convention Area shall retain on board and then land or tranship all yellowfin, bigeye and skipjack tuna caught.

4. Paragraph 3 shall not apply in the following cases:

(a) where the fish is considered unfit for human consumption for reasons other than size; or

(b) during the final set of a trip when there may be insufficient well space remaining to accommodate all the tuna caught in that set.

Article 30 U.K. Drifting FADs

1. A purse-seine vessel shall not have more than 450 FADs active at any time in the IATTC Convention Area. A FAD shall be considered active when it is deployed at sea, starts transmitting its location and is being tracked by the vessel, its owner or operator. A FAD shall only be activated on board a purse-seine vessel.

2. A purse-seine vessel may not deploy FADs during the 15 days before the start of the selected closure period set out in point (a) of Article 29(1), and it shall recover the same number of FADs as initially deployed within 15 days prior to the start of the closure period.

3. Member States shall report to the Commission, on a monthly basis, daily information on all active FADs as required by the IATTC. The reports shall be submitted with a delay of at least 60 days, but not longer than 75 days. The Commission shall transmit that information to the IATTC Secretariat without delay.

Article 31 U.K. Catch limits for bigeye tuna in long-line fisheries

The total annual catches of bigeye tuna by longline vessels of each Member State in the IATTC Convention Area shall not exceed 500 tonnes or their respective yearly catches of bigeye tuna in 2001.

Article 32 U.K. Prohibition of fishing for oceanic whitetip sharks

1. It shall be prohibited to fish for oceanic whitetip sharks (Carcharhinus longimanus) in the IATTC Convention Area, and to retain on board, to tranship, to store, to offer to sell, to sell or to land any part or whole carcass of oceanic whitetip sharks caught in that area.

2. When accidentally caught, the species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released by vessel operators.

3. Vessel operators shall:

(a) record the number of releases with indication of status (dead or alive);

(b) report the information specified in point (a) to the Member State of which they are nationals. Member States shall transmit the information collected during the previous year to the Commission by 31 January.

Article 33 U.K. Prohibition of fishing for Mobulid rays

It shall be prohibited for Union fishing vessels in the IATTC Convention Area to fish for, to retain on board, to tranship, to land, to store, to offer to sell or to sell any part or whole carcass of Mobulid rays (family Mobulidae, which includes the genera Manta and Mobula). As soon as Union fishing vessels notice that Mobulid rays have been caught, Union fishing vessels shall, wherever possible, promptly release them alive and unharmed.

Section 7 U.K. SEAFO Convention Area

Article 34 U.K. Prohibition of fishing for deep water sharks

Directed fishing for the following deep water sharks in the SEAFO Convention Area shall be prohibited:

• ghost catshark (Apristurus manis),

• blurred smooth lanternshark (Etmopterus bigelowi),

• shorttail lanternshark (Etmopterus brachyurus),

• great lanternshark (Etmopterus princeps),

• smooth lanternshark (Etmopterus pusillus),

• skates (Rajidae),

• velvet dogfish (Scymnodon squamulosus),

• deep-sea sharks of the Selachimorpha super-order,

• picked dogfish (Squalus acanthias).

Section 8 U.K. WCPFC Convention Area

Article 35 U.K. Conditions for bigeye tuna, yellowfin tuna, skipjack tuna and south Pacific albacore fisheries

1. Member States shall ensure that the total number of fishing days allocated to purse-seine vessels fishing for bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares) and skipjack tuna (Katsuwonus pelamis) in the part of the WCPFC Convention Area located in the high seas between 20° N and 20° S does not exceed 403 days.

2. Union fishing vessels shall not target south Pacific albacore (Thunnus alalunga) in the WCPFC Convention Area south of 20° S.

3. Member States shall ensure that catches of bigeye tuna (Thunnus obesus) by longliners do not exceed 2 000 tonnes.

Article 36 U.K. Management of fishing with FADs

1. In the part of the WCPFC Convention Area located between 20° N and 20° S, it shall be prohibited for purse-seine vessels to deploy, service or set on FADs between 00:00 hours of 1 July 2019 and 24:00 hours of 30 September 2019.

2. In addition to the prohibition set in paragraph 1, it shall be prohibited to set on FADs on the high seas of the WCPFC Convention Area, between 20° N and 20° S, for an additional two months: either from 00:00 hours of 1 April 2019 to 24:00 hours of 31 May 2019, or from 00:00 hours of 1 November 2019 to 24:00 hours of 31 December 2019. The choice for the additional two months shall be notified to the Commission before 31 January 2019.

3. Member States shall ensure that each of its purse-seine vessels have deployed at sea, at any time, no more than 350 FADs with activated instrumented buoys. The buoy shall be activated exclusively onboard a vessel.

4. All purse-seine vessels fishing in the part of the WCPFC Convention Area referred to in paragraph 1 shall retain onboard and land or tranship all bigeye, yellowfin and skipjack tuna caught.

5. Paragraph 4 shall not apply in the following cases:

(a) in the final set of a trip, if the vessel has insufficient well space left to accommodate all fish;

(b) where the fish is unfit for human consumption for reasons other than size; or

(c) when a serious malfunction of freezer equipment occurs.

Article 37 U.K. Limitations to the number of Union fishing vessels authorised to fish for swordfish

The maximum number of Union fishing vessels authorised to fish for swordfish (Xiphias gladius) in areas south of 20° S of the WCPFC Convention Area shall be as set out in Annex VII.

Article 38 U.K. Catch limits for swordfish in long-line fisheries south of 20° S

Member States shall ensure that catches of swordfish (Xiphias gladius) south of 20° S by long-liners do not exceed the limit set out in Annex IH. Member States shall also ensure that there is no shift of the fishing effort for swordfish to the area north of the 20° S, as a result of that measure.

Article 39 U.K. Silky sharks and oceanic whitetip sharks

1. Retaining on board, transhipping, storing or landing any part or whole carcass of the following species in the WCPFC Convention Area shall be prohibited:

(a) silky sharks (Carcharhinus falciformis),

(b) oceanic whitetip sharks (Carcharhinus longimanus).

2. When accidentally caught, species referred to in paragraph 1 shall not be harmed. Specimens shall be promptly released.

Article 40 U.K. Overlap area between IATTC and WCPFC

1. Vessels listed exclusively in the WCPFC register shall apply the measures set out in this Section when fishing in the overlap area between IATTC and WCPFC as defined in point (u) of Article 4.

2. Vessels listed in both the WCPFC register and the IATTC register and vessels listed exclusively in the IATTC register shall apply the measures set out in point (a) of Article 29(1), Article 29(2), (3) and (4), and Articles 30, 31 and 32 when fishing in the overlap area between IATTC and WCPFC as defined in point (u) of Article 4.

Section 9 U.K. GFCM Agreement Area

Article 41 U.K. Small pelagic stocks in geographical subareas 17 and 18

1. Catches of small pelagic stocks by Union fishing vessels in the geographical subareas 17 and 18 shall not exceed the levels set out in Annex IL to this Regulation.

2. Union fishing vessels targeting small pelagic stocks in geographical subareas 17 and 18 shall not exceed 180 fishing days per year. Within that total of 180 fishing days, a maximum of 144 fishing days targeting sardine and a maximum of 144 fishing days targeting anchovy shall apply.

Article 42 U.K. European eel in the Mediterranean Sea (GSAs 1 to 27)

1. All activities by Union vessels and other Union fishing activities catching European eel, namely targeted, incidental and recreational fisheries, shall be subject to the provisions of this Article.

2. This Article shall apply to the Mediterranean Sea and to brackish waters such as estuaries, coastal lagoons and transitional waters.

3. It shall be prohibited to fish for European eel in Union and international waters of the Mediterranean Sea, for a consecutive three-month period to be determined by each Member State. The fishing closure period shall be consistent with the conservation objectives set out in Regulation (EC) No 1100/2007, with national management plans in place and with the temporal migration patterns of European eel in the Member States concerned. Member States shall communicate the determined period to the Commission no later than one month before the entry into force of the closure and in any case no later than 31 January 2019.

Section 10 U.K. Bering Sea

Article 43 U.K. Prohibition on fishing in the high seas of the Bering Sea

Fishing for pollock (Theragra chalcogramma) in the high seas of the Bering Sea shall be prohibited.

Section 11 U.K. SIOFA

Article 44 U.K. Interim bottom fishing measures

1. Member States whose vessels have fished for more than 40 days in any given year in the SIOFA Agreement Area up to 2016 shall ensure that fishing vessels flying their flag limit their annual bottom fishing effort and/or catch to its average annual level and that fishing activities take place within the area assessed in their impact assessment submitted to SIOFA.

2. Member States whose vessels have not fished for more than 40 days in any given single year in the SIOFA Agreement Area up to 2016 shall ensure that vessels flying its flag limit their bottom fishing effort and/or catch, and spatial distribution, in accordance with their historical fishing record.

(1)

Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).

(2)

All types of demersal trawls (OTB, OTT, PTB, TBB, TBN, TBS and TB).

(3)

All types of seines (SSC, SDN, SPR, SV, SB and SX).

(4)

All long lines or pole and line or rod and line fisheries (LHP, LHM, LLD, LL, LTL, LX and LLS).

(5)

All fixed gillnets and traps (GTR, GNS, FYK, FPN and FIX).

(6)

Council Regulation (EC) No 520/2007 of 7 May 2007 laying down technical measures for the conservation of certain stocks of highly migratory species and repealing Regulation (EC) No 973/2001 (OJ L 123, 12.5.2007, p. 3).